Recent new build house in thai wifes name - How do I change it to mine?

[GTI68]

500+ posts and you are in this situation???????????+

Anything thing useful to add.

Perhaps another question mark?

[dereklev]

 

Usufruct has been mentioned as a possibility by some posters, however I believe to remember said in some of the usufruct treads at TV-forum that an usufruct agreement cannot be done between a marriage couple, need to be made before. Perhaps only some Land Offices are not accepting it, but do check the post in the usufruct treads – or perhaps some other forum members can verify or correct me.

 

I think you shall check the usufruct posts before consulting a lawyer, as it has also been mentioned that some lawyers knows only little about usufruct. The paperwork should be fairly simple and costs next-to-nothing to register at the Land Office.

 

Another thing about usufruct in my opinion is – but that is looked at through a very dark mind as “worst case”, however we do hear some horror stories – that one shall always be worth more alive in Thailand than dead.

 

The suggestion about having a child with Thai nationality to be owner is certainly a possibility, a minor can own both land, property and stocks, and nothing can be sold or disposed against the child’s advantage, which also means that a usufruct may not be possible; as mentioned in the post above that may give some rights until the child is 21 years old, however a question about who is guardian for child…

 

 

 

I have been told by a Thai and a Farang lawyer that any contract between husband and wife can be cancelled by a court.

 

I have a Usufruct on our house and my name is on the Chanote. I also have Usufructs on a couple of plots of land again my name is on the Chanotes.

 

My wife finds it very hard to say no to one of her brothers and her elder sister so I insisted on Usufructs to stop these Wastrels pressuring her into putting the Chanotes up as security for their benefit.
 

[billd766]

You would never have build it if you were suppose to have the title in your name. Why you think she agree to marry you?? Build the house, pay the bills for the entire family including brothers, sisters and their kids. 

 

I wonder why none of you guys read these sites before making the mistakes.

 

Yet another bar stool generalisation.

 

I assume that you are

 

a    Not married to a Thai lady.

b    You were married to a Thai lady and got divorced.

 

Most of the married guys I know DID do a lot of research before they married and knew what the truth is about foreigners owning land and property and then went ahead and did it.

 

Some people travelled along the company owned house way and good luck to them for that but even that way YOU don't own the house and land properly, the compamy does and you are just a 49% minority shareholder.

 

I and many others went the legal way. We trust our wives and they own the land and house which will pass down to their children.

 

As for "Build the house, pay the bills for the entire family including brothers, sisters and their kids." just some more bar stool rubbish again.

 

True I have my MIL living with us. True that I have helped SOME of the family but not all of them. Equally true is the fact that the family have helped us too because that is what families do in Thailand.

[Westaurel]

What wrong comments here as usually !

 

You can register the house at your name at Land Department by asking to add a usufruct (sit thi gep gin talord cheewit) on the land !

[billd766]

What wrong comments here as usually !

 

You can register the house at your name at Land Department by asking to add a usufruct (sit thi gep gin talord cheewit) on the land !

 

Why would I want to do that?

 

I still can't take it with me when I die, I can't sell it or do anything with it at all if I have an usufruct anyway.

 

To me life is simple. A Thai woman owns the house and land where I live.  Fortunately I am married to her and we have a son.

 

There is no rent or mortgage to pay and I am here for the rest of my life.

 

What happens if she divorces me?

 

I lose the house and land.

 

When I was divorced in the UK guess what? I lost the house and land to my ex wife.

 

I must be simple as I cannot see the difference between the two cases.

 

IF she divorces me I guess I will do the same as last time.

 

Start all over again but at 70 I think I will skip a 3rd marriage.

[mccw]

I almost didn't post this as it has potential to be miss used but I leave that up to others karmic choices.

Solution to protect yourself, before preferably but can do after purchase and build;
You could form a foreign company which makes a mortgage deed on the land and house (perfectly legal).
A few set up and running costs but it is a legal way to have a right to an amount of money tied to the property- protect it from sale or any further lending activity.
Also the loan amount is not subject to splitting upon divorce since a company is a separate legal entity.
Make the interest rate at the max 15% to protect against inflation.

Because you are effectively the banker you can ignore the payments and it means if you choose you could force liquidation to repay the loan amount in the Thai courts.

Maybe not worth it on a little village house but if you fancy a mansion or beach front plot then this would be a smart option.

[mccw]

(Off shore Company formation costs are around 100k bht and ongoing yearly expenses of around 50k

People might also find it useful for tax purposes; like sheltering investment income and such depending where u are from and/ or living.

[Senechal]

First things first: You're in a dangerous situation as of right now. Take care of some basic protections. You need to sign a 30 year lease agreement on the property NOW that gives you (and not both of you) control of the property. This is minimum protection against getting screwed.

Secondly: You need a lawyer. Now. It *may* be possible to claim an error was made by the local amphur office if you act quickly. This will also require your wife to sign a statement saying that her current ownership was done in error and against her understanding. NOTE: Make sure you get the lease before asking for this. If she won't sign that statement you've got a good indication you're about to get screwed and the lease will at the very least protect you for 30 years.

Third: Start the legal process. It will likely be expensive and complicated. You will want that lease before starting this stressful procedure.

The above post about a foreign loan against the title of the property is interesting, but I'm not sure how enforceable that is give the realities of the Thai court system... But certainly worth exploring.

I hate to chime in with the others here, but it is extremely unlikely that this was a mistake. This is hardly an "Oops" sort of thing. Be very careful. You're operating from a disadvantaged position at this point. Edited August 10, 2014 by Senechal

[icare999]

another stupid forang thinking they can protect their interests and in any case if you can't trust your wife then surely just leave and get another. I could never live with someone who i would not trust 100%

[icare999]

I don't like your chances pal! Should have set up a company, bought the land then built the house!

a company is full of problems would you die and its quite possible that this new regime will actually check these shady properties I know others have threatened to but this regime seems a bit more determined 

[icare999]

I have to say You cannot have the house in your name This is Thai law. You are screwed and your wife knew about it before she registered it

 

Your out of luck my friend. I do not understand why people do not check with a lawyer before the do stupid things

 

I suspect the next thing will be she will throw you out of the house Its hers She does not need you anymore

if hes lucky she will and he should be happy to be rid of her small price to pay for a wife you can't trust I remember one lawyer (for one of many houses we have sorry my wife and kids have) asking me if i wanted my name on chanotte or in company name and was surprised when i said of course not it would not help since then she would not be my wife if i could not trust her 100%

 

Its pathetic seeing forang terry all sorts of schemes to try and safeguard their money from their wives well dont marry them for #$%$# sake if you feel like that

 

Happily together 30+ years  and for last 15 years everything here in USA and in UK in my Thai wives named and our children. BUt everyone tells me for last 30 years she will dump me. Strange or is it just possible their are some real relationships around

[GTI68]

 

I have to say You cannot have the house in your name This is Thai law. You are screwed and your wife knew about it before she registered it

 

Your out of luck my friend. I do not understand why people do not check with a lawyer before the do stupid things

 

I suspect the next thing will be she will throw you out of the house Its hers She does not need you anymore

if hes lucky she will and he should be happy to be rid of her small price to pay for a wife you can't trust I remember one lawyer (for one of many houses we have sorry my wife and kids have) asking me if i wanted my name on chanotte or in company name and was surprised when i said of course not it would not help since then she would not be my wife if i could not trust her 100%

 

Its pathetic seeing forang terry all sorts of schemes to try and safeguard their money from their wives well dont marry them for #$%$# sake if you feel like that

 

Happily together 30+ years  and for last 15 years everything here in USA and in UK in my Thai wives named and our children. BUt everyone tells me for last 30 years she will dump me. Strange or is it just possible their are some real relationships around

 

I agree.

Jeepers, he's been married 15 years. Maybe he didn't ask the question correctly. Maybe he doesn't speak Thai. Maybe his wife did it for him, to get it done. Maybe now he has another reason for wanting it in his name.

Flippen heck.

But no let's all blow him off as an uninformed idiot.

Maybe his wife did what she was told by her friends, family etc. Maybe she doesn't read but is a loving person.

 

Heros, what's to be gained by putting a negative spin on everything? Just don't post it's really not needed our helping anyone.

Assume the worst and it shall be.

 

Good luck to the OP I'm sure there is enough info to get you fixed up.

Happy days.

[AnotherOneAmerican]

Happily together 30+ years  and for last 15 years everything here in USA and in UK in my Thai wives named and our children. BUt everyone tells me for last 30 years she will dump me. Strange or is it just possible their are some real relationships around

 

 

Maybe, but then my US wife dumped me after 30 years.

 

As they say in the financial world,

Previous ROI is no indication of future returns.

(especially with menopause approaching)

[icare999]

 

Happily together 30+ years  and for last 15 years everything here in USA and in UK in my Thai wives named and our children. BUt everyone tells me for last 30 years she will dump me. Strange or is it just possible their are some real relationships around

 

 

Maybe, but then my US wife dumped me after 30 years.

 

As they say in the financial world,

Previous ROI is no indication of future returns.

(especially with menopause approaching)

 

and i parted with my first wife my choice. No problem we split assets 50/50 in fact she got a bit more  but then she deserved it for putting up with me